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HomeMy WebLinkAbout892 ~ , '. RESOLUTION NO.8 9 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR OF THE CITY OF AUBURN, TO EXECUTE AN INTERLOCAL AGREEMENT WITH KING COUNTY FOR USE OF RECREATIONAL EASEMENT TO BE KNOWN AS THE INTERURBAN TRAIL ADMINISTERED BY KING COUNTY. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AT A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES: THAT the Mayor of the City of Auburn, Washington, is hereby authorized to execute an Interlocal Agreement with King County for use of Recreational Easement to be knwon as the Interurban Trail Administered by King County. That a copy of said Agreement is attached hereto, denomi nated as Exhi bit "A" and made a part hereof as though set forth in full herein. DATED and SIGNED this 15th day of May, 1978. CITY OF AUBURN /J --r·-J'fl ,r-;) / ~Jk~ht'~Õ. \" ). þ-:j/!<Î{~d MAYOR C ATTEST: ~(J1u a.ì11c~/ City 1erk ------------------ Resolution No. 892 5-8-78 1 2 3 4 5 ~. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Interlocal Agreement for use of Recreational Easement to be known as the Interurban Trail Administered by King County WHEREAS, the Interurban Trail, a former interurban railway and currently owned by Puget Sound Power and Light, has been formerly identified as a primary trail corridor in the Green River Valley, and; WHEREAS, King County, with written support from local agencies in the Green River Valley applied for and received a $320,000 grant to develop the Interurban Trail from the Federal Highway Administration under the Federal Bikeway Demonstration Program, and; WHEREAS, a primary objective of the grant submittal was to demonstrate interagency cooperation and; WHEREAS, King County executed on November 1, 1977 a recreational easement with Puget Sound Power and Light for the purpose of developing a multi-purpose trail, and; WHEREAS, the staged development of the trail together with a Master Trail Design Plan has been pursued in cooperation with the cities of Algona, Auburn, Kent, Pacific, Renton, and Tukwila, and; WHEREAS, RCW 39.34 (Interlocal Cooperative Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities, and; WHEREAS, mutual public service objectives can be satisfied through the following actions, therefore; BY THIS AGREEMENT, by and between the County of King, acting by and through the King County Executive, hereinafter called the COUNTY, and the City (Cities) of AUBURN hereinafter called the AGENCY (AGENCIES), mutually agree to the development of a multi purpose trail within the recreational easement in King County, Washington described in EXHIBIT A of Exhibit 1. FU RTH ERMOR E, the COUNTY and the AGENCY (AGENC I ES) mutually agree to the following conditions. SECTION 1: GENERAL 1.1 Purpose: The explicit purpose of this interlocal agreement is to accomplish the following objectives. a. to mutually concur with an overall master plan concept for full development of the recreational easement as a multi-purpose trai I, and b. to mutually agree to pursue the first phase of development, to be known as Phase 1, and c. to establish the means by which the COUNTY may, upon mutual agreement with the AGENCY (AGENCIES), delegate or assign part or all of certain duties and/or rights, and 1 r , ,,' -:~""'. .",,¡J,' ,"C~,.¿~.: .:.'::" ~. ' , j~ \, \, ' "",. i' '" \~,..;.:...~....<. t1:~';~~;..¡;;:'.::""..,...,~'~:'~)::.;;.:,~< .~.~·.?:·:)~,,~_,.":_;:?,~.4:.-:,.;:F~1....~__ ...:,,__~~'.' ),... , .:.',-j" '. . . ' 1 2 3 4 5 or 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 d. to assure the integrity of the Interurban Trail is upheld throughout the term of the recreational easement. 1.2 Term: 50 years from November 1, 1977 or as provided in Section 8. 1.3 Trail Corridor: the recreational easement is considered to lie within the Interurban Trail Corridor defined as a system of trail linkages facilitating continuous non-motorized travel from Fort Dent Park on the north to the Pierce County line within the City of Pacific on the south. The linkages will to the greatest extent possible include the recreational easement itself. However, it is recognized that usage of parallel trails and/or existing streets and other public facilities also comprise the Interurban Trail corridor. 1.4 Costs: There shall be no costs incurred by or to the COUNTY or AGENCY by execution of this interlocal agreement. 1.5 Financing: A $320,000 grant from the Federal Highway Administration, under the Federal Bikeway Demonstration Program and a local match of $65,000 from Housing and Community Development Block Grant Funds and $15,000 in transferred Forward Thrust Funds has been procured and will be administered by King County for initial development of the Interurban Trail. Funding for full trail development per Section 6 of this agreement will be pursued in the most timely fashion possible utilizing available local, state, federal, or other resources. To the greatest extent possible, a coordinated agency approach will be pursued. SECTION 2: ADMINISTRATIVE PROVISIONS 2.1 The King County Executive shall serve as the administrator for purpose of this agreement and all subsequent agreements, assignments, or delegations affecting the public usage of the Interurban Trail. 2.2 Any and all administrative decisions subsequent to Phase 1 shall be made with the advice and consent of the appropriate authority or AGENCY. 2.3 In the event of any disputes, the COUNTY'S decision shall be final and binding. SECTION 3: PARENT AGREEMENT PROVISIONS 3.1 The recreational easement executed between the COU NTY and Puget Sound Power and Light, a public utility, on November 1, 1977, herinafter called the PARENT AGREEMENT (Exhibit 1) shall govern and supersede in the event any discrepancies occur between the PARENT AGREEMENT and the Interlocal Agreement. 3.2 Puget Sound Power and Light Company shall not be deprived because of anything contained in this agreement of its uses of the property as required by the operational demands of its system, or the demands of other utilities' systems. 2 r \.' , {:;-" "~~~;:~,n :~:.:s.::~~':t::.-::.;...::r.~;""~ ::;;;,¿~t',\¡;;:;;,~~!.'~..;:,r~::.:~/:~~;>:.\ ".~:,:,,,:~:,~,'·:'~\S::~£:~:$:::"1:~~~}~t~·t';'r~'· ,'.'. 1 2 3 4 5 / 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 SECTION 4: ASSIGNMENT OR DELEGATION OF DUTIES AND/OR RIGHTS 4,1 The COU NTY from time to time may assign or delegate all or part of the duties and/or rights it has under the PAR ENT AGR EEMENT. 4,2 Such assignment or delegation may be made to the AGENCY through which the Interurban Trail passes. 4.3 Such assignment or delegation can be for the purposes of physical trail development including landscaping, developing and maintaining the property and of installing, maintaining and using recreational facilities therein; provided that the assignee shall perform no work hereunder, except for planning purposes, until the COUNTY and PSPL have reviewed and agreed upon a detailed plan provided by the assignee depicting all improvements to be installed on the property, provided further, that if assignor and assignee agree to develop the recreational aspects of the property in stages, assignor and Puget Sound Power and Light shall agree upon a tentative overall plan together with detailed plans provided by the assignee for the initial stages of the development and tentative plans for each of the other stages of the development with proposed dates of completeion thereof. 4.4 Any assignment or delegation shall be mutually agreeable between the COUNTY and the authority or AGENCY and be so specified in a format similar to Exhibit 2, Such duties and/or rights may in addition to Section 4.3 include but not limited to, the following: a. Indeminity - the jurisdictions through which the trail passes, completed or partially completed, may by an assignment or delegation be placed in the position of the COUNTY with respect to the PARENT AGREEMENT and will therefore hold both King County and Puget Sound Power and Light Company harmless from and against all claims, demands and causes of action of any kind or character, including the cost of defense thereof, arising in favor of third parties, which result from the operations of the assignee, or the intentional or negligent acts or omissions of the assignee or its employees, agents, or representatives, or the breach by assignee of any term or condition of this easement. Furthermore, such indeminity by the assignee shall be restricted to only those rights and/or duties so assigned or delegated by the COUNTY. b, Access - this may be by assignment or delegation for the purposes of closing to the public all or part of the Interurban Trail, for reasons of maintenance, development or improvement, provided, however, that the COUNTY or puget Sound Power and Light company, its employees, agents and designated representatives shall at all times have the right to enter upon the recreational easement for the purpose of making any inspections, repai rs, alterations, changes or improvements upon any of its property, including but not limited to the recreational easement and adjacent grounds, or for any purpose whatsoever connected with the carrying on of the business of Puget Sound Power and Light Company, Assignee would agree to give ten (10) days' advance written notice of any such closure to the COUNTY and Puget Sound Power and Light Company, except closures required for emergency or other similar reasons. 3 r 0:' -a.,' / :"~(l'fti:>,i~(-:~;::;J,:d:.~:t>:~:,1<:. . "'-', ~ ,- ~~r " . i.- ',N'~~-' ;' ," :","",__;,-c~o::"~"',,' .' , ''''. 1 2 3 4 5 .....- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 r c. Restoration upon termination of the recreational easement - this may be by assignment or delegation for the purpose of preventing public usage of the trail and for implementing restoration actions upon termination of the recreational easement, d, Maintenance - this may be by assignment or delegation for the purpose of maintaining the developed portions of the recreational easement and/or other linkages within the Interurban Trail corridor defined in Section 1.3. It would be mutually agreed that the assignee would not be held responsible for prior existing conditions unless otherwise agreed to in the assignment. Furthermore, provisions of Section 4 would control any assignment or delegation of maintenance responsibilities. e, Enforcement of Restrictions - this may be by assignment or delegation for the purpose of enforcing item 10 of the PARENT AGR EEMENT as to uses and actiVities permitted within the recreational easement. f. I nspection and Sign Placement - this may be by assignment or delegation for the purpose to inspect and place, at its cost and expense, warning, directional and cautionary signs where necessary along the I nteru rban Trai I corridor throughout the term of the PARENT AGREEMENT. g, Promotion - this may be by assignment or delegation for the purpose of promoting public usage of the I nterurban Trail, 4.5 In the event any AGENCY fails to perform any duties delegated the COUNTY may, but without obligation to do so, perform these duties and such AGENCY would immediately reimburse the COUNTY for all reasonable costs incurred in connection therewith, SECTION 5: MAINTENANCE 5.1 All parties to this agreement fully agree to the need to cooperatively maintain the recreational trail, including any interim routes outside the trai I right-of-way, and related appu rtenances. 5,2 The responsibility for maintenance may be assigned or delegated, in part or all, to other authorities or AGENCIES as discussed in Section 4,4(d), In the event the COUNTY identifies a maintenance deficiency or deficiencies, the COUNTY shall provide written notice to the assignee specifying the deficiencies, Furthermore, the assignee will be given 30 days after written notification to remedy the deficiency or deficiencies after which time the COU NTY would remedy the problem and be immediately reimbursed by the assignee for all resonable costs for such action by the COUNTY, 5,3 The level of maintenance is to be established through a maintenance agreement between the COUNTY and the assignee or assignees supplementary to this agreement, to be executed within eight months from the date of this agreement. 5.4 The level of maintenance shall reflect the staged development of the trail within the context of the Master Design Plan, 4 ....'. , -,..,~ "¡ ;','(, ','".:." , '~....":...~;.... > ,,1' .,'. ',;"',' '. · , 1 2 3 4 SECTION 6: MASTER DESIGN PLAN 6,1 All parties to this agreement agree in principle to the Master Design Plan, Exhibit 3. 5 6 7 6,2 The specific intent of this prOVISion is to encourage and assure an orderly and timely implementation of the Master Design Plan, This provision shall not restrain any responsible entity from providing improvements consistent with the Master Design Plan. 8 6,3 The Master Design Plan will control the ultimate development of the trail within the easement granted by puget Sound Power and Light. Any and all interim development of the trail and/or alternative routings will be consistent with the Master Design Plan, Any request for deviations from the Master Design Plan, interim or otherwise, shall be submitted to the COUNTY, 9 10 11 12 6.4 No work shall commence on a deviation from the Master Design Plan unt;il written notification is received from the COUNTY, Furtherfore the COUNTY shall review all such requests and upon concurrence from the cities of Algona, Auburn, Kent, Pacific, Renton and Tukwila shall approve or deny such request or requests. 13 14 15 16 SECTION 7: PROJECT AWARD 17 7.1 All parties to this agreement agree to have the COUNTY prepare and submit for advertisement, a set of contract plans, specifications and estimates for Phase 1 of the Master Design Plan. 7,2 The COU NTY will review submitted bids and select a contractor or contractors to construct Phase 1 of the Master Design Plan, 18 19 20 7,3 The COUNTY will administrate the Phase 1 project and may at its discretion assign all or part of those duties to PSPL and/or any or all parties to this agreement. 21 22 23 24 25 26 SECTION 8: TERMINATION 8.1 This interlocal agreement shall be binding for the term specified in Section 1,2. 8.2 This agreement can be terminated by either party to do so and subsequent to a 120 day period following written notification by either the COUNTY or the AGENCY, 27 8.3 Termination shall not disrupt the public usage of the recreational easement for the life of the easernent. 28 29 30 31 32 33 5 r ~ \ _. "",:',," , .:,."",;,;,:.~ ¡,.""~.., ¡... 'Co" 1 8.4 Upon termination du ring the I ife of the recreational easement all improvements, facilities and hardware shall revert to the authority having jurisdictional control provided Section 8.3 is complied with. 2 3 4 The Agency (Agencies) expressly agrees to all covenants and conditions hereinbefore specified. 5 6 Accepted and Approved - King County 7 by date 8 title 9 Dated this 16th day of May , 1978, 1() Cit~ I AUBURN by-,/ ~"v~~ /d./iAJ-<--X I an I ey P. Y U title MAYOR 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 APPROVED AS TO FORM AND LEGALITY ,/ "~~ ~~":d"/¿ -- ,? _.-:-}r- :::>_~,,","___.---:'- . ",-./ ~- '/ /.å " ."-- Deputy Prosecutinç;J.:Attorney 28 29 30 31 32 /t: .:>7"¿,/_ "/ / ;/"/ó " Date 33 6 f ~;:",:",~"~~,,.~,~,~:;~~·~~{ý~;~~',B~:C;·¿;·:¿,,;~~~·G;;:#~+£;:~:~~~;j~:-0~~".t;~~,;~~~;;::.~>; ,,~.~ ~~~;' ' "'",,- .' ,,:-..::~; EXHIBIT 1 \ of''-''>' ",'j; 'j, :¡':" I (... J '., ,"" ,-,;' ,;I" RECF-EAT I aNAL EASErIENT -_._~------------- THIS AGREDlENT, dated this düy of ,19_, is entered into betlveen PUGET SOUNDIOI'![R-r.-LIGHT CO\!PÄ~(C;raHtor), a Washington corporation, and the COUìHY OF KING (Grantee), a political subdivision of the State of Washington. RECITALS ------ 1. Grantor O\ms certain property (the Property) located in the COUll ty of Gran t'õe, more part icular ly de scri bed on Exh ibi t A attached hereto, and 2. The Property is used by Grantor for the transmission and distribution of electric power and will continue to be used for such purposes for t~3 foreseeable future, and , 3. Grantor and Grantee recognize the need of land for use as outdoor recreation trails, and 4. Subjeçt to the terms and conditions of this agreement, that portion of the Property not now used by Grantor is made available by Crantor to the :Jublic through Grantee pursuant to R.C.W. 4.24.200 and R.C.W. 4.24.210. Grantor far and in consideration conveys unto Grantee, an easement upon purpose of a ptÖlic recreation trail. of mutual benefits, grants and and across the Property for the It is agreed as follows: 1. Term The term of this agreement shall commence as of the clay and yearfiTst above written and shall tcrminc.te twenty-five (25) years thereafter; provided, however, the Grantee has the right to renew this agreement for another tIVenty-LLve' (25) year term. In the event of breach by Grantor or Grantee of any (If the terms or provisions of ~his agreement, the nonbreaching party, in addition to all other rights or remedies it may have, may terminate this agree·, ment prior to the expiration of such twenty-five (25) year period by thirty (30) days' advance written notice to the other which notice shall specifically state the reason for such termination, provided further, h8l·,rever, no such termination shall be effcct,j_ve if, ~·¡ithin thirty (30) days after such written notice, the breaching party has cured or commCJ1;;eù ill gULJl' faith to CUTe the ÌJreach "!lei ì',as taken or commenced action in .good faith to prevent such breach früm continuing or recurring. 2. use of the Property. This easemen.: is for the use of the Froperty for~e purposes orlandscaping, developing and maintaining the Property and of installing, maintaining and using recreational facilities therein; provldetl, that Grantee shall perfofl] ,10 lvork hereunder, except for planning purposes, until Grantee and Grantor have developed and agreed u?on detailed plans depicting all improve- ments to be installed on the Property, provided further, that if Grantee desires to develop the recreational aspects of the property 111 stages Grantee and Grantor shall develop and agree up~n a tentative overall plan together with detailed plans for the initial stages of the development and tentative plans for eacÌJ of the other stil¡~es of the development with proposed dates of completion thereof. The plans referred to herein shall be completed and agreed upon not later than six (6) months after the date of this agreement. 3. Illdeli\nity. Grantee shall rrotect, indemnify anll ho"l harm- less Grantoi:-:tron and against all clilins, demands and causes (,f action of any kind or character, inclutling the cost of ÙCfCH';C thcrcc£, arising in favor of third part ics, \/hich resul t from the opera lioTls 01 the Grantee, or tIle interttional or negligent acts or omissions of the Gran- tee or its employees; agents or representatives, or the brcacl by G~antee of any term or conditiOn ~f this Easement. Page 1 of 4 ,-',-'\' ¡,;~"''-''''' /~ , ¡','!1 ~. ~ I ....... ' _-io; .. >,,', .'""\ ';.' . ;,,<, '4. Access. G.antee may, at 'my tLne, close to the public all or any partc'-¡:--{he Property for reasons of maillten~nce, development or imp;-o"t;"len t, provi :led, however, that: Grantor, J t s employee s, agents :)'1" ùesignated representatives shall at all times have the right to enter upon the Property for the purpose of making any inspections, repairs, alterations, changes or improvements upon any of its property, including but not limited to the Property and adjacent grounds, or for any purpose whatsoever connected with the carrying on of the business of Grantor. Grantee agrees to give ten (10) days' advance written notice of any such closure to Grantor, except closures required for emergency or other similar reasons. At such times as Grantor may con- sider it necessary to close to the public a portion of the trail in connection with the operation of its business, Grantee shall, when so notified by Grantor, promptly close to the public all or any part of the Property as requested by Grantor and keep the Property so closed during the period or periods of time requested by Grantor. ,< . 5. Utilization of the Property. Grantee's right to develoPr maintain and use the Property for recreation purposes pursuant to this agreement shall at all times be subject to the right of Grantor, with- out liability or obligation to Grantee except as provided in paragraph I 6 below, (a) to use and maintain its existing facil i ties on the Proper- I ty; (b) to replace, remove, alter or reconstruct such facilities over- ".1' head or underground, and (c) to install any other facilities in the corridor overhead or underground. 6. Repair. Grantor, shall repair any damage to the recreational developments -on the Property-, including the hums, shrubs or trees, or any other improvements installed on the Property by Grantee under this agreement resulting from Grantor's operations therein except as follows: (a) If Grantor shall perform any work on their facilities at the request of Grantee, the cost of restoring the recreational development on the Property to their con- dition existing immediately prior to such work shall be borne by Grantee. (b) If Grantor shall perform any work on their facilities in order to satisfy any statute, ordinance, rule or regulation of any governmental body or authority other than Grantee, the costs of restoring the recreational dev'~loI'ment on the Property to their concli tion exist- ing immediately prior to such work shall be borne equally by Grantor and Grantee. 7. Grantor Use. Grantor shall not be deprived because of anything contained In this- agreement of its use of the Property as required by the operational demands of its system, or ~he demands of other utilities' systems. Grantor shall coordinate its development of the corridor with Grantee so as to permit dual operation under this agreement, mid Grantor shall provide notice of any such development to Grantee as soon as planning by Grantor has reached the point where scheduling and location of its facilities have been determined. Grantor shall not be deprived from granting easements, permits or licenses to others to use the Proper- ty so long as such use does not unreasonably interfere with the use granted to Grantee herein. 8. Owners~iE.. Grantor owns the Property in fee and the Grantee is only acquiring an easement to use the surface of the property and nothing herein shall in any way be construed or deemed to be a grant of any rights above or under the Property. 9. Cost Reimbursement. In the event Grantee fails to m~'ntai~ the Property-or peiTOiñi-alryother duties or obligations of Gran1ee under this agreement, Grantor may, hut without obligation to do so, maintain the Property or perform such duties or obligations and Grantee ~hall immediately reimburse Grantor for all reasonable costs incurred in connection therewith. . Page 2 of " ',,', '~7:';'::;''f::~n~:,I!':'';~'''\'~:/ /'...,.~ r" A1 ,,' ;"" ID. Restrictions. The use of the TccreatJon trail w~ll be re- stricted to pedestrian, equestrian, and bicycle llse. Camping, camp- fi res, the USE of firearms and any ot'wr activi 1::1 es that ,'/Ould cndanger Grantor'stra~smission or distributIon lines or (,ther facilities or that are inconsistent with the safe use of the Property will be prohibited. 11. Res tora t ion upon Termination. Gran tor allù Gran tee upon any terminationor this easement in accor"tTãnce \~i th Paragraph 1 hereof shall mutually agree as to the type of actions necessary to prevent further use of the trail by the public. 12. Ins~ction and Sign Placement. Grantee agrees to inspect and place, at i~co"štamre:x.pensc, '.,.arning, directional and cautionary signs where necessary along the l'roperty prior to allowing public acce.ss to the Property and thrüughout the term of this agreement. ' 13. Taxes. Grantee agrees to pay all real and personal property taxes that shãll become due and payable during the term of this agree- ment which are based on assessments made during the term of this agreement on or because of improvements wl¡ich Grantee has placed or will place upon the Property. Grantee will submit yearly to Grantor evidence of payment of such taxes. In the event any of such taxes are levied directly against Grantor, Grantor may pay such taxes anJ, upon receipt from Grantor of billing for any such taxes so paid, Grantee shall immediately remit all. such amounts. 14. Charges. Grantee will not charge, collect or receive from the public atee Qf any kind for the use or enj oyment of the Property. IS. Notices. Any notice or other communication giver. hereunder shall be deemed sufficient if in writing and delivered personally to the addressee, or sent by certified or registered mail, return receipt requested, addressed as follows, or to such other address as may be designated by the addressee by written notice to the other party: To Grantor: Puget Sound Power & Light Company Puget Power Building Bellevue, Washington 98009 r t ATTN: Manager, Real Estate Division To Grantee King County Real Property Division Room 615 King Co. Administration Building 500 Fifth Avenue Seattle, Washington 98104 16. Successors. This agreement shall be binding upon and shall inure to thel)l~nefit of the parties hereto, their heirs, executors, administrators, successors and assigns. ACCEPTED AND APPROVED - KING COUNTY: D* NOV~~\~~,' By_. ~Þ¡,)bJ IW~W<-C'_____ Ti tl; rí/¡ 'T t: ,. 1/2(7 Z:7 rÚ-)¡ ~i"" d ].' / / d f' ,;/)'1 - " (. ~- . q 7 7 Date tllS _/:,'~___ ay 0 ~;l,t~'::i___ 1.., . PUCET SO)JND POWER & LIG~> C,ot1VANY By ..L B /<'7¿~L/lf T i ;1 e 1/; (" s-_ 17- e .>'/ (/o~ ,(- ""~-"'-') 'c' 'I'" .,..... "'D I·' ,n '''I ,.~r ¡<, t'",.:! I':.i.. ¡';~ì U t U\iliJ 1_·,:':·,¡J~¡;i¡þ_". ... -----:;;:.->''c-'----/ ,.,'~</ ,",,// -,:~.---~~=:;,'::7:_.;_:':___ «~~é({::.s'-·:_J~:::Ç~L¡~~,-" t:;'.I~j i'íG'::!~'J :',..: ¡\~~tr~r:,r ..- ,,¡/ --,.~.<.... ç ,'.::Ó:. ?~:(.'.__L 2.2.2""000 D.~c Page 3 of 4 , ,I ........- . ~",", ,.~"" ',', ''-' ,-, '. , ~Jil:';~~,\":;w.~,.,;.,>"..,',~l,!IJ~"!:r,,n...,~>,,;.O:VM',,,lt:,'l~, ,,'J,~~ ... . ." , '~ " '__ ",'.- '," FI'" ,''''~'''' :".-"";;""\..,~""I:t';"~''';>''.'1,,i,),,,,.',!,''.'''''~~""">:Õ,'" ,;.: :",< ',\' ' ,',",,' ' " ", ,,"',' "'''--;i';'· "",,":,~,..,,,",~:;~,.-,?,:~~ ':"" \~~.~'.. i:~'~ to '.-; '. 1\:"'-', ,~. .-...' " ,:,,»';'-' STATE Of WASHINGTON ) COUNTY OF KING ) ss On this day personally appeared before me John D. Spellman , to me known to bE the _ -. ,- County E;<e::utive of J(lng County, WaSh- ington, the person whë"-signëd-the above and foregoing instrument fOT King County for the u~;es and purposes therein state,l and ackno\'lledged to me that he signed the same as the free. and voluntary act and deed of King County and that he was authorized to so sign. GIVEN under my hand and official seal this November , 1917. 1st day of ----- , , ~A-'4rrl'~;a NOTARY PUBLIC in an for the State of Washington, residing at Seattle \' ,\ I, \ , ~, I, ' \' ¡ \ " . ,.' ~ / ¡ : \ \ 1 , I . , , , \1,,",) '1 \ \')\ STATE OF WASHINGTON) . COUNTY OF KING ) ss ,On this day personally' appeared before me to me known to be the ' of PUGE'i'"SOUND POWER & LIGHT' COMPANY, the corporation that executed the foregoing instru- ment, and acknowledged the said instrument to be the free and vol- untaryact and d;eed of said corporation for the uses and purposes therein mentionE,d, and that they were authorized to execute the said instrument. GIVEN under my hand and o.£ficial seal this _,19_, day of NOTARY PUBLIC in and for the State of Washington, residing at '. . ~<1f' ,,,·X· ''c'> . .J ,1 EXHJBJT A ---- That e'2rtain strip of lm.ld 10~ feet in width lying. in the Nest half of Sectlons M4, 2Sand 36, Townshlp 23 I~rth Range 4 East, W.M., and the West half of Sections'l, l~, 13, 24, 25, and 36, Township 22 Nor~h, Range 4 East,W.M., and the West half of Sections 1, 12 13 24 and 25 and the East half of Sections 26 and 35' Township 21 North, Range 4 East, W.M., all in Kin!; County. Washington. (Said strip of land being known as the Puget Sound Electric Railway Right of \'lay. ) . This legal description shall be further amended and refined at a later date to accurately reflect the precise location of the easement within the above mentioned lCO- foot strip of land. . . ~'iL,.. 0,'·1':"< ~l~ ., ''''~~,'''.'~''' .-,.,'....y, """:"~"""i"-""':{-' .-,J EXHIBIT 2 AS~,IGNMEKT ANI? DELEGAT!ON OF REC¡¡'F"i'IQ!!_~..s~ti! THIS AGREEMENi', dated tJ:¡is entered into betweE,n the COUNTY of the State of Wae,hington, and day of , 19 , is OF KING (Assign,)r!Delëgator), a political subdivision ._-'--- ----- RECITAL -- KING COUNTY at,d PUGET SOUND POWER AND LIGHT COMPANY entered a Recreational Easement dated NovE'rober 1, 1977, and recorded under King County Auditor's Number 7711100684, as contained in Exhibit A, at,ta¢hed hereto. , KING COUNTY for and in consideration of mutual bene,fite:, assigns and delegates to the rights and- dut:.es cor',tained in Exhibit A whioh King County has within the juris- diction of ACCEPTED AND APPRO"ED - KING COUNTY Date By Title ---- day of , 19 Dated this By [ ¡ Title ,-" STATE OF WASHINGTON ) COUNTY OF KING ) s ¡¡ On this day, personal ty appeared before me to me known to be the County Executive of Ki..'g County, Wa¡¡hington, the person .,ho signed-the above and foregotnli :lnstrument for King County for the uses and pUl'poses therein stated and ackno'~ledged to me th,lt he signed the same as the free and voluntary act and deed of King County and that he was authorized to so sign. GIVEN under my hlind and official seal this day of 19 NOTARY PUBLIC in and for the State of Washington, residing at . STATE OF WASHINGTON ) COUN1Y OF KING ) ss THIS IS TO CERTIFY that on this day of___ , 19 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and , to me known to be the and , respectively, of the instrument, and acknowledged to me that free and voluntary act and deed of said , and on oath stated thlit they were authorized to execute said instrument and that the seal affixed is the seal of said that signed and executed the fC'l'egoing sealed the same as the " WITNESS my hand and official seal the day and year in this certificate first above written. NOTARY PUBLIC in and for the State of Washington, resident at Pa"e l of 2 . ,> EXHIBIT , MASTER DESIGN PI,AI< --- " To be provided by the Dept. of Public WOrks. . ¡ I r t !' I ~ ~ ,.,.,